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B-226842 1 (1988-06-28)

handle is hein.gao/gaobadndh0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Major Kenneth M. Dieter - Waiver - Erroneous Matter of- Travel Advance File: B-226842 Date: June 28, 1988 DIGEST Under the waiver statutes, the Comptroller General may waive claims against federal employees and service members, amounting to more than $500, arising from overpayments of pay or allowances if collection would be against equity and good conscience. The Comptroller General and agency heads have concurrent jurisdiction to waive claims amount- ing to $500 or less. Effective December 28, 1985, the waiver statutes were amended to include claims arising from erroneous payments of travel and transportation expenses. As a result of this amendment, travel advance payments are subject to waiver to the extent that expenses are incurred by an employee or service member in reliance on erroneous authorizations. Hence, under 10 U.S.C. S 2774, as amended, waiver of indebtedness may be considered in the case of a member of the Air Force who was over-advanced $326.60 for his transfer to a new duty station, where it is shown that he received the overpayment as the result of an erroneous travel authorization and errors made in the computation of his entitlement. Since the record before us does not indicate whether the standards for waiver have been met in this particular case, the case is remanded to the Air Force for its determination of whether to grant waiver. DECISION John K. Scott, Deputy Assistant Comptroller of the Air Force for Accounting and Finance, asks our opinion as to whether an application for a waiver of indebtedness may be considered in the case of Major Kenneth M. Dieter, who was advanced $326.60 in excess of his entitlement to travel allowances for his transfer to a new duty station. We conclude that, under the terms of the waiver statute now in effect and the conditions described below, the Air Force may waive the claim against Major Dieter for the collection of part of that amount, provided it determines

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